JUDGMENT : Per Rajiv Sharma, Judge CMP No. 11829/2015 The matter was taken up on the basis of a mention made by Ms. Jyotsna Rewal Dua, learned Senior Advocate. 2. Heard. Mr. K.D. Sood and Mr. Sanjeev Sood, are added as respondents No. 9 and 10. Registry is directed to make necessary corrections in the memo of parties in red ink. Application is disposed of. CWPIL No. 23/2015 3. Heard at length and the petition is being disposed of at the admission stage due to urgency and question of vital public importance involved. 4. Mr. P.C. Dhiman, learned Additional Chief Secretary (Home) is present in the Court. The Court had an interactive session with him. He has regretted the incidents which have happened whereby one vehicle of the Hon’ble Judge was challaned and other was stopped near Railway Board Building. He has assured the Court that such type of incidents shall not happen in future. He has apprised the Court that disciplinary proceedings have been initiated against the person(s), for unnecessarily stopping and challaning the vehicles of the Hon’ble Judges of this Court. The Additional Chief Secretary is directed that no unsavoury incident should happen with the judges/family members travelling in the vehicle in future. 5. Ms. Jyotsna Rewal Dua, learned Senior Advocate, appearing on behalf of respondents No. 9 and 10 has brought to the notice of the Court that the sealed portion starts from the State Bank of India office to the C.T.O. Building and not from the Railway Board Building, as mentioned in Order dated 21.11.2015. 6. Accordingly, Order dated 21.11.2015 is modified. Sealed stretch shall be treated from State Bank of India (in short ‘SBI’) to C.T.O. building. 7. Mr. Anoop Rattan, learned Additional Advocate General submits that around ten MLA’s are also residing in the Metropole and it would cause immense hardships to them, if they are not permitted to ply their vehicles upto the Metropole. 8. Accordingly, Order dated 21.11.2015, is modified further by directing that only those MLAs, who are residing in the Metropole, can ply their vehicles from Shilli Chowk to Metropole, with a rider that the vehicle after dropping the dignity, shall not be parked on the “Core Mall Road” area, in any eventuality. 9. 8. Accordingly, Order dated 21.11.2015, is modified further by directing that only those MLAs, who are residing in the Metropole, can ply their vehicles from Shilli Chowk to Metropole, with a rider that the vehicle after dropping the dignity, shall not be parked on the “Core Mall Road” area, in any eventuality. 9. It is also stated at the Bar by the learned advocates present that they are not being permitted to ply their vehicles from Winterfield to the D.C. Office. The Additional Chief Secretary (Home) is also directed that the vehicles of the Advocates shall also not, in any manner, be stopped or challaned while approaching from Winterfield to the D.C. Office. The Additional Chief Secretary (Home) is also directed to ensure that the permits are issued to the Advocates for plying their vehicles liberally on Restricted Road from Kennedy Chowk to Boileauganj and back, taking into consideration the arduous duties discharged by them. Permits shall be issued within a period of one week after receipt of the applications. The applications shall be accompanied by a certificate by the Secretary of the Bar Council, that the learned Advocate is a practicing advocate. We clarify by way of abundant precaution that we have never stopped the plying of H.R.T.C. taxis from S.B.I. building to C.T.O. building. 10. It is also brought to the notice of the Court by the learned Advocates, who are practicing in the State Administrative Tribunal that they are facing difficulty in approaching State Administrative Tribunal due to excessive traffic flow on all the roads including the Cart Road and other artery roads. Accordingly, respondent No. 8 is directed to ensure that atleast 4 taxies are plied from Shilli Chowk to Majitha House. The Court can take judicial note of the fact that the vehicles plying on Restricted roads do not maintain proper speed limit as prescribed under Section 10 of The Shimla Road Users and Pedestrians (Public Safety and Convenience) Act, 2007 (hereinafter referred to as ‘Act’). It shall be the responsibility of the Director-General of Police, Himachal Pradesh to ensure that the vehicles ply within the speed limit applicable to the restricted and sealed roads to avoid undue inconvenience to the pedestrians/commoners. 10. Mr. K.D. Sood, (respondent No. 9), has brought to the notice of the Court that, at times, ambulances are not permitted to ply through sealed roads/restricted roads. 10. Mr. K.D. Sood, (respondent No. 9), has brought to the notice of the Court that, at times, ambulances are not permitted to ply through sealed roads/restricted roads. We order the Additional Chief Secretary (Home) that the ambulances, carrying patients to the hospitals and back should, not be stopped on any of the restricted or sealed roads. It is also made clear by way of abundant precaution that any vehicle carrying patient shall also be treated as an ‘ambulance’. 11. Mr. P.C. Dhiman, learned Additional Chief Secretary (Home) has brought to the notice of the Court that a number of Banks are situate on the sealed/restricted roads and in the Core area of the city. He has also brought to the notice of the Court that currency/ cash is brought in the vehicles. It shall be open to the Additional Chief Secretary (Home) to issue need based permits to the Bank to carry currency. It is also made clear that they shall be provided additional security by the State. 12. Taking into consideration the geography/topography of the Shimla town, the Chief Secretary to the Government of Himachal Pradesh and Additional Chief Secretary (Home) are directed to grant special permits in emergent situations to carry out emergency/ salvage operations. 13. Ms. Jyotsna Rewal Dua, Senior Advocate has also brought to the notice of the Court that though the permits applied for, are cancelled but the decision taken thereupon is not conveyed to the concerned persons. The Additional Chief Secretary (Home) is directed to ensure that as and when permits are rejected, decision thereupon shall be conveyed to the aggrieved persons. 14. In deference to the 4th estate, the permits/permission shall be accorded only to the State Level Accredited Correspondents/High Court Accredited Correspondents on the basis of checklist prepared by the Director, Public Relations/Registrar General of this Court. The State machinery shall ensure that only the State Accredited Correspondents/High Court Accredited Correspondents drive themselves or occupy the vehicle while travelling on the restricted roads. In view of this, direction No. 11 (d) of previous Order dated 21.11.2015 is recalled/modified. 15. This Order has been passed in the larger public interest to maintain sanctity of the Shimla town vis-à-vis right of free movement of the citizens. In view of this, direction No. 11 (d) of previous Order dated 21.11.2015 is recalled/modified. 15. This Order has been passed in the larger public interest to maintain sanctity of the Shimla town vis-à-vis right of free movement of the citizens. Authorities prescribed under the Act are directed to take reasonable/common sense view while granting and refusing permits taking into consideration where the offices and residences of such persons are located in the sealed/restricted areas. 16. Mr. P.C. Dhiman, learned Additional Chief Secretary (Home), has also assured that the issue pertaining to providing sufficient security at the residences of the Hon’ble Judges, is under active consideration. The learned Additional Chief Secretary (Home) is directed to take a final decision within a period of two weeks from today by taking recourse to the laid down procedure. 17. No permit shall be issued by any authority other than specifically provided under the Act. Mr. P.C. Dhiman, Additional Chief Secretary (Home) has also been directed to ensure that the permits in sealed/restricted road as far as possible are approved by the shortest route to protect the environment and saving of fuel. 18. Mr. Ashok Sharma, learned Assistant Solicitor General of India, has submitted that the General Officer Commanding of ARTRAC and his Second-in-Command, are not permitted to ply their vehicles beyond Railway Board Building. We direct the State machinery to permit the General Officer Commanding of ARTRAC and his Second-in-Command to ply their vehicles with pilot and escort upto the main gate of ARTRAC near S.B.I. building due to threat perception/security reasons but the vehicles shall not be parked in front of the gate of the ARTRAC. 19. We are of the considered view that taking into consideration the glorious history of the Shimla town, which at one time was called “Queen of Hills”, the permits of the sealed roads should be minimum. Moreover, permitting the vehicles on sealed roads beyond S.B.I. building to C.T.O. building and Shimla Club to Lift causes immense hardship to the pedestrians. Shimla is primarily a walking town and we must encourage the people to walk on the sealed roads. 20. The categorization for issuance of permits in sealed roads also violates provisions of Article 14 of the Constitution of India. Shimla is primarily a walking town and we must encourage the people to walk on the sealed roads. 20. The categorization for issuance of permits in sealed roads also violates provisions of Article 14 of the Constitution of India. There is no intelligible differentia to distinguish special class created under the Act, to whom the permits for sealed roads have to be given, with the object sought to be achieved. The object sought to be achieved is to protect the sanctity of the town and also to avoid undue hardship, inconvenience and annoyance to the pedestrians. The environment and ecology of Shimla town is fragile. It is a tourist hub. The people come to enjoy serenity of the town. They must be given freedom to move freely on the sealed roads. Rather bringing vehicles upto The Lift and C.T.O. of late has become a status symbol. Our endeavour should be to form a ‘classless’ society to protect the dignity of every individual. 21. We cannot create a class within the class by permitting few members of the society to use the sealed roads. Moreover, there is neither any big institution nor hospital situated at the “Core Mall Road” area necessitating the grant of permits. The letter and spirit of the Act and the sanctity of the town has to be maintained if we want to retain the Shimla town on the International tourist map. It is in these circumstances we reiterate that on all the sealed roads only the vehicles of Hon’ble President of India, Hon’ble Vice President of India, Hon’ble Prime Minister of India, Hon’ble Governor of Himachal Pradesh, Hon’ble Chief Minister of Himachal Pradesh, Hon’ble Chief Justice, Hon’ble Speaker of Himachal Pradesh State Legislative Assembly, General Officer Commanding of ARTRAC and his Second-in-Command upto gate of ARTRAC are permitted to use the sealed roads. The permits issued to the persons for sealed roads shall stand suspended. The permits are liable to be reviewed after hearing the aggrieved persons. 22. The permits issued to the persons for sealed roads shall stand suspended. The permits are liable to be reviewed after hearing the aggrieved persons. 22. Accordingly, the permission for sealed roads is restricted only to Hon’ble President of India, Hon’ble Vice President of India, Hon’ble Prime Minister of India, Hon’ble Governor of Himachal Pradesh, Hon’ble Chief Minister of Himachal Pradesh, Hon’ble Chief Justice, Hon’ble Speaker of Himachal Pradesh State Legislative Assembly, General Officer Commanding of ARTRAC and his Second-in-Command by reading down sections 3 and 4 of the Act, pertaining to use of the sealed roads, in the larger public interest, public safety and convenience. 23. In view of the above directions, the present petition is disposed of, alongwith all the pending applications.